Federal "One Gun a
Month" Bill Introduced
by Angel Shamaya,
Founder/Director, KeepAndBearArms.com
and Melissa Seaman, Newslinks
Director
U.S. Representative Robert
Wexler (D-FL) has introduced what he calls the "Anti-Gunrunning Act of
2001." New York Rep. Jerrold Nadler
and Virginia Rep. Jim Moran are
co-conspirators on the bill. The goal of this bill is to accomplish, briefly,
all of the following:
- make it illegal for a licensed dealer to
sell more than one handgun a month to the same person, and
- make it illegal for a citizen to buy more
than one gun a month, from anyone,
- offer up to one year in prison for violating
this unConstitutional statute, should our legistraitors pass it into a
"law", and
- amend the penalty statute for a licensee who
knowingly makes false statements on the record of a transaction -- from one
year, to five years imprisonment.
As you read the text of
this bill, you'll also note many justifications for congress getting involved in
this matter on a federal level. Wexler asserts that interstate commerce is an
issue here, and states that the intention of the bill is to "prevent
handgun violence and illegal commerce in handguns."
Our question:
Did banning alcohol prevent
illegal commerce in alcohol?
Get back to us on that one, Robert. Maybe you
and Jim and Jerrold can find a way to lie a "yes" into your answer.
KeepAndBearArms.com Heartily Opposes This Bill.
It is a direct violation of the Second Amendment and just one more way for these
jerks to steal our rights -- on the road to confiscation. We urge you to contact
your U.S. Representatives and tell them to flush
it down the toilet and urge their fellow Reps to do the same.
Text of H.R.
225, Anti-Gunrunning Act of 2001:
http://thomas.loc.gov/cgi-bin/query/z?c107:H.R.225:
(.pdf file here)
Anti-Gunrunning Act of 2001
(Introduced in the House)
107th CONGRESS
1st Session
H. R. 225
To prevent handgun violence and illegal commerce in handguns.
IN THE HOUSE OF REPRESENTATIVES
January 3, 2001
Mr. WEXLER (for himself, Mr. NADLER, and Mr.
MORAN of Virginia) introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To prevent handgun violence and illegal commerce in handguns.
Be it enacted by the Senate and House of
Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Anti-Gunrunning
Act of 2001'.
SEC. 2. PREVENTING GUN TRAFFICKING BY
RESTRICTING HANDGUN TRANSFERS TO ONE PER MONTH.
(a) IN GENERAL- Section 922 of title 18, United
States Code, is amended by adding at the end the following:
`(z)(1) The Congress finds and declares
that--
`(A) crime, particularly crime involving drugs
and guns, is a pervasive, nationwide problem;
`(B) crime at the local level is exacerbated
by the interstate movement of drugs, guns, and criminal gangs;
`(C) firearms and ammunition move easily in
interstate commerce;
`(D) the illegal movement of firearms, and
handguns in particular, across state lines is a widespread and pervasive
national problem;
`(E) handguns (even when lawfully purchased)
are unlawfully transported across state lines by gun traffickers and are
illegally sold to prohibited persons;
`(F) in fact, even before a firearm is
illegally sold by a trafficker, the gun, its component parts, ammunition,
and the raw materials from which it is made have moved in interstate
commerce;
`(G) law-abiding persons may fear to travel
interstate or to or through certain parts of the country due to concern
about violent crime and gun violence;
`(H) the illegal movement of handguns across
state lines substantially affects the national market for firearms, because
handguns sold in one State in which there are few restrictions provide a
convenient source for the acquisition of handguns by gun traffickers who
transport the handguns to jurisdictions with stronger restrictions;
`(I) the unlawful sale of firearms by
traffickers provides a method by which firearms can be bought and sold
anonymously, without background checks and without record-keeping
requirements to enable gun tracing;
`(J) handguns sold by traffickers are often
obtained by criminals and other prohibited persons who frequently use guns
that cannot be traced to commit crimes;
`(K) handgun violence is a pervasive, national
problem that is exacerbated by the availability of handguns through gun
traffickers;
`(L) firearms from traffickers have been
involved in subsequent crimes including drug offenses, crimes of violence,
property crimes, and illegal possession by felons and other prohibited
persons;
`(M) because gun trafficking is often an
interstate activity, individual States and localities are often severely
hampered in combating illegal handgun purchases--even States and localities
that have made strong efforts to prevent, detect, and punish gun-related
crime and illegal trafficking of firearms--as a result of the failure or
inability of other States or localities to take strong measures; and
`(N) the Congress has the power, under the
interstate commerce clause and other provisions of the Constitution, to
ensure, by enactment of this section, that criminals and other prohibited
persons do not obtain firearms through gun traffickers.
`(2) It shall be unlawful for any licensed
importer, licensed manufacturer, or licensed dealer--
`(A) during any 30-day period, to sell,
deliver or transfer 2 or more handguns to any single person (other than a
licensed importer, licensed manufacturer, or licensed dealer), or
`(B) to sell, deliver or transfer a handgun to
any single person (other than a licensed importer, licensed manufacturer, or
licensed dealer), knowing or having reasonable cause to believe that the
transferee has already received one or more handguns within the previous 30
days.
`(3)(A) It shall be unlawful for any person
(other than a licensed importer, licensed manufacturer, or licensed dealer) to
receive more than one handgun within any 30-day period.
`(B) Under such rules and regulations as the
Secretary shall prescribe, subparagraph (A) shall not apply to the loan or
rental of a single handgun solely for purposes of target shooting, provided
that the recipient possesses no more than one such loaned or rented handgun at
any one time.
`(4) Under such rules and regulations as the
Secretary shall prescribe, paragraphs (2) and (3) shall not apply to--
`(A) handguns transferred to or received by
qualified private security companies licensed to do business within the
State where the transfer occurs for use by the company in its security
operations, provided that any handgun transferred under this subsection is
transferred through a licensed dealer located in the State where the
security company is licensed to do business;
`(B) the disposition made of a handgun
delivered to a person licensed under section 923 for the sole purpose of
repair or customizing when such handgun or a replacement handgun of the same
kind and type is returned to the person from whom it was received;
`(C) the loan or rental of a single handgun
from a person licensed under section 923, provided that the recipient
possesses no more than one such loaned or rented handgun at any one time;
`(D) the redemption of pawned handguns from a
person licensed under section 923 by the person from whom the handguns were
received;
`(E) the receipt of curio or relic handguns by
a licensed collector;
`(F) the receipt of a single handgun from a
person licensed under section 923 to replace a lost or stolen handgun of the
same kind or type, where the transferee has submitted to the licensee a copy
of an official police report establishing the loss or theft of a handgun or
handguns;
`(G) the transfer of handguns by bequest;
`(H) the transfer of handguns to the
transferor's spouse, child, parent, stepparent, grandparent, grandchild,
brother, or sister; or
`(I) the transfer of all or part of a personal
firearms collection (as that term is defined in regulations to be prescribed
by the Secretary) that includes handguns, provided that the handguns in the
collection are transferred through a licensed importer, manufacturer, or
dealer located in the State where the transferee resides.'.
(b) PENALTIES- Section 924(a)(2) of such title
is amended by striking `or (o)' and inserting `(o), or (z)'.
(c) INCREASED PENALTIES FOR LICENSEES WHO
KNOWINGLY MAKE FALSE STATEMENTS IN REQUIRED RECORDS-
(1) Section 924(a)(3) of such title is
amended--
(B) by striking `or' after `chapter';
(C) by striking subsection (B); and
(D) by striking `one year' and inserting `5
years'.
(2) Section 924(a) of such title is amended by
adding at the end the following:
`(7) Any licensed dealer, licensed importer,
licensed manufacturer, or licensed collector who knowingly violates section
922(m) shall be fined under this title, imprisoned not more than 1 year, or
both.'.
(d) CONFORMING CHANGES TO THE BRADY LAW-
Section 922(t) of such title is amended--
(1) in paragraph (1)(B)(ii), by striking `(g)
or (n)' and inserting `(g), (n), or (z)';
(2) in paragraph (2), by striking `(g) or (n)'
and inserting `(g), (n), or (z)';
(3) in paragraph (3), by striking subparagraph
(A) and redesignating subparagraphs (B) and (C) as subparagraphs (A) and
(B), respectively;
(4) in paragraph (4), by striking `(g) or (n)'
and inserting `(g), (n), or (z)'; and
(5) by adding at the end the following:
`(10) A licensee must, within three days of
receiving a request from the prospective transferee, notify the national
instant criminal background check system of any background check conducted
pursuant to this section within the previous 30 days that did not result in
the transfer of a handgun.
`(11) Information that is retained pursuant
to Public Law 103-159 may be used to effectuate section 922(z) of this
title.'.
(e) EFFECTIVE DATE- The Secretary of the
Treasury, in consultation with the Attorney General, shall determine, and
publish in the Federal Register, the date on which this section shall become
effective.
(f) DEADLINES FOR DESTRUCTION OF RECORDS
RELATED TO CERTAIN FIREARMS TRANSFERS-
(1) HANDGUN TRANSFERS SUBJECT TO THE WAITING
PERIOD- Section 922(s)(6)(B)(i) of such title is amended by striking `20
business days' and inserting `35 calendar days'.
(2) FIREARMS TRANSFERS SUBJECT TO INSTANT
CHECK- Section 922(t)(2)(C) of such title is amended by inserting `within 35
calendar days after the date the system provides the licensee with the
number,'.